Research On The Standard Of Legality Examination Of Major Administrative Decisions

At present,China is in the critical period of social transformation,and the administrative function of the government is becoming increasingly prominent.Major administrative decisions play a vital role in the correct play of government functions.As a crucial link in the legalization of major administrative decisions in China,the level of the review has a direct impact on the social,political and economic security of our country,as well as the vital interests of the people.It is of great significance to improve the overall decision-making level of the people’s government and enhance the modernization of national governance.The Decision of the CPC Central Committee on Several Issues Concerning Comprehensively Promoting the Rule of Law in October 2014 clearly stipulated legitimacy review as one of the legal procedures for major administrative decisions,and proposed the establishment of a legitimacy review mechanism for major administrative decisions.The promulgation of the Provisional Regulations on the Procedures for Major Administrative Decision-making in 2019 institutionalized the review of the legality of major administrative decisions,and included a special chapter and section to stipulate the departments,procedures,contents and handling opinions for the review.Major administrative decision-making in China has become an independent field,so it is necessary to construct a perfect system and mechanism for its legitimacy examination standard.However,at present our country the construction of legitimacy examination standards for major administrative decision-making still not unified,there are many problems and deficiencies,including imperfect legislation,examining standard definition is not clear,review standard is not unified,lack of systematic and so on,the practice examination at random,is common mistake examination,examination become a mere formality,It is urgent and necessary to standardize the legality examination standard of major administrative decisions through law.Only by establishing a unified standard of legality examination for major administrative decisions,can we improve the legitimacy of major administrative decisions,prevent the abuse of administrative power,and comprehensively promote the administration according to law.First,in view of the imperfection of the legislation,in a unified "administrative procedural law" at the same time,the national legislature should also for major administrative decision-making legitimacy review a unified law,for at least discussed for legitimacy examination standard,and also in terms of setting should as far as possible with high maneuverability for the principle,the expression of specific and detailed,In light of the actual situation,relevant supporting systems were introduced to support the implementation of the legality review,and to promote scientific,legalized and democratic administrative decision-making.Secondly,in view of the review standards define the not clear,should establish a unified,standardized examination standards,including clear internal and external legality review subject,the principle of clear standards,including authority,procedures,standards,decision content standards,specific standards,according to the standard,the public,and form a regulatory provisions,In practice,it provides a realistic basis for the examiners of the legitimacy of major administrative decisions.Finally,according to review standard did not form a systematic problem,should be in accordance with the major administrative decision-making in public legitimacy examination standards,by the social public to the major administrative decision-making legitimacy examination standard for external supervision,achieve the comprehensive,effectiveness of supervision,to truly implement the major administrative legality examination standard,use,really play its role.